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Second Amendment & the Right to Keep and Bear Arms

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The Second Amendment protects the right of the people to keep and bear arms for defense of life and liberty.

In U.S. v. Cruikshank (1876), Presser v. Illinois (1886), Miller v. Texas (1894) and U.S. v. Miller (1939), the Supreme Court recognized that the amendment protects an individual right. It has never taken a different view. However, in Salina v. Blaksley (1905), the Kansas Supreme Court invented the idea that the amendment instead protected a “right” of a person to keep and bear arms only while serving in a state militia, and in U.S. v. Tot (1942), the U.S. Court of Appeals for the Third Circuit advanced the idea that the amendment protects the “right” of a state to have a militia.

In District of Columbia v. Heller (2008), the Supreme Court heard its first case specifically centered on whether the amendment protects an individual right to arms. Gun control supporters advanced essentially the "Salina" argument, but the Court, consistent with its previous rulings in Second Amendment-related cases, ruled that the amendment protects an individual right to keep arms and to bear arms "in case of confrontation," without regard to a person’s relationship to a militia.

In McDonald v. Chicago (2010), the court extended the Second Amendment's protection nationwide.

Issue Articles
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The Hill  

Tuesday, August 14, 2018

Supreme Court nominee Kavanaugh called Scalia a 'hero' and 'role model'

“I loved the guy,” Kavanaugh said in June 2016 at a conference at George Mason Law School. “To ...

National Review  

Tuesday, August 14, 2018

Ninth Circuit Returns to Form, Upholds Bizarre California Gun Regulation

In a ruling earlier this month, it upheld one of the most bizarre and nonsensical gun regulations in ...

Politico  

Monday, August 13, 2018

Kavanaugh confirmation hearings set for Sept. 4

Supreme Court nominee Brett Kavanaugh's Senate confirmation hearings will start on Sept. 4 and last between three and ...

National Review Online  

Friday, August 10, 2018

The Truth about the Second Amendment

It was always meant to protect an individual right

USA Today  

Wednesday, August 8, 2018

NRA ad campaign urges Supreme Court nominee Brett Kavanaugh's confirmation

The National Rifle Association has launched a seven-figure national and regional ad campaign, urging confirmation of President Donald ...

Reuters  

Monday, August 6, 2018

U.S. appeals court rejects challenges to California gun laws

A federal appeals court on Friday upheld the constitutionality of two California laws restricting the ability of people ...

CT Mirror  

Friday, August 3, 2018

Murphy, gun control groups ramp up fight against Kavanaugh

Gun control groups, who are among the most active in the “stop Kavanaugh” movement, were helped by Sen. ...

Honolulu Star Advertiser  

Thursday, August 2, 2018

Hawaii’s limits on open carry of guns won’t change soon, former justice says

It may be years before Hawaii sees changes to its firearms law following the July 24 ruling by ...

Lubbock Avalanche-Journal  

Thursday, August 2, 2018

Don’t target the Second Amendment

The reality is that liberals/Democrats were going to vehemently oppose any Trump nominee to the highest court in ...

National Public Radio  

Wednesday, August 1, 2018

Judge Issues Temporary Restraining Order Blocking 3D-Printer Gun Design Publication

A federal judge in Seattle issued a temporary restraining order on Tuesday that prevents the publication of online ...

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.